Public Review 2022 - Broadband - Request for Information - GOV.WALES

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Public Review 2022 - Broadband - Request for Information - GOV.WALES
Number: WG44941

Welsh Government
Consultation Document

Public Review 2022 - Broadband

Request for Information

Date of issue: 8 April 2022
Action required: Responses by 6 May 2022

Mae’r ddogfen yma hefyd ar gael yn Gymraeg.
This document is also available in Welsh.

     © Crown Copyright
Public Review 2022 - Broadband - Request for Information - GOV.WALES
Overview             The purpose of this Public Review is to confirm the
                     premises in Wales which do not have Next Generation
                     Access (NGA) broadband infrastructure – i.e. capable
                     of delivering at least 30Mbps to premises and/or
                     Gigabit services delivering at least 1,000Mbps, or
                     where there are no plans to provide such
                     infrastructure over the next three years.

                     This process enables all interested parties to comment
                     on the classification and mapping of premises
                     produced by the 2021 Open Market Review (OMR), in
                     which suppliers provided information on their existing
                     and / or planned NGA and gigabit capable network
                     coverage.

                     The primary reason for carrying out this Public Review
                     is to allow the Welsh Government to update its
                     existing intervention area which was procured under
                     the BDUK 2016 National Broadband Scheme (NBS).
                     In addition, the Welsh Government is also looking to
                     validate the outcome of the OMR in order to inform the
                     UK Government’s Project Gigabit programme and
                     potential future Welsh Government and Building
                     Digital UK (BDUK) interventions under this
                     programme.

                     In addition to this Public Review including all premises
                     within Wales it also includes a small number of
                     premises which are on the border with Shropshire.
                     These UPRNs in Shropshire will not form part of any
                     forthcoming procurement led by the Welsh
                     Government. However, BDUK is seeking information
                     from suppliers regarding any existing and / or planned
                     coverage they may have regarding these specific
                     Shropshire UPRNs.

How to respond       Please email BandEang.Broadband2021@gov.wales
                     marked ‘Public Review Response’ as described in
                     Section 6.

Further information Large print, Braille and alternative language
and related         versions of this document are available on
documents           request.

                     A dataset of premises in Wales will be made available
                     to those suppliers registering to respond, upon signing
                     the related licensing terms as outlined in Section 6
                     below.
Public Review 2022 - Broadband - Request for Information - GOV.WALES
Information on the Public Review process can also be
                    found on the Welsh Government Consultation Portal
                    at the following web address:

                    https://gov.wales/broadband-public-review-2022

Contact details     If you have any questions about this Public Review
                    process, please contact the
                    OMR team by email at:

                    BandEang.Broadband2021@gov.wales

This document is    https://llyw.cymru/band-eang-adolygiad-cyhoeddus-
also available in   2022
Welsh
Public Review 2022 - Broadband - Request for Information - GOV.WALES
General Data Protection Regulation (GDPR)
The Welsh Government will be data controller for any personal data you provide as part of
your response to the consultation. Welsh Ministers have statutory powers they will rely on to
process this personal data which will enable them to make informed decisions about how
they exercise their public functions. Any response you send us will be seen in full by Welsh
Government staff dealing with the issues which this consultation is about or planning future
consultations. Where the Welsh Government undertakes further analysis of consultation
responses then this work may be commissioned to be carried out by an accredited third party
(e.g. a research organisation or a consultancy company). Any such work will only be
undertaken under contract. Welsh Government’s standard terms and conditions for such
contracts set out strict requirements for the processing and safekeeping of personal data.
In order to show that the consultation was carried out properly, the Welsh Government
intends to publish a summary of the responses to this document. We may also publish
responses in full. Normally, the name and address (or part of the address) of the person or
organisation who sent the response are published with the response. If you do not want your
name or address published, please tell us this in writing when you send your response. We
will then redact them before publishing.
You should also be aware of our responsibilities under Freedom of Information legislation
If your details are published as part of the consultation response then these published reports
will be retained indefinitely. Any of your data held otherwise by Welsh Government will be
kept for no more than three years.

Your rights
Under the data protection legislation, you have the right:
 to be informed of the personal data held about you and to access it
 to require us to rectify inaccuracies in that data
 to (in certain circumstances) object to or restrict processing
 for (in certain circumstances) your data to be ‘erased’
 to (in certain circumstances) data portability
 to lodge a complaint with the Information Commissioner’s Office (ICO) who is our
  independent regulator for data protection.

For further details about the                 The contact details for the Information
information the Welsh Government              Commissioner’s Office are:
holds and its use, or if you want to          Wycliffe House
exercise your rights under the GDPR,          Water Lane
please see contact details below:             Wilmslow
Data Protection Officer:                      Cheshire
Welsh Government                              SK9 5AF
Cathays Park
CARDIFF                                       Tel: 01625 545 745 or
CF10 3NQ                                      0303 123 1113
                                              Website: https://ico.org.uk/
e-mail:
Data.ProtectionOfficer@gov.wales
Public Review 2022 - Broadband - Request for Information - GOV.WALES
Index

1.   Introduction                                              1
2.   Key Eligibility Requirements for Subsidy                  2
3.   Outcome of the Wales 2021 Open Market Review (OMR)        3
4.   Purpose of this Public Review Request for Information     6
5.   Project Gigabit Procurement and Commercial Approach       8
6.   Participating / Responding to this Public Review          8
Responses from residents, businesses and other stakeholders    9
Responses from Local Authorities and Public Bodies            11
Responses from suppliers                                      12
7.   Making a Data Response                                   13
8.   Submission Requirements                                  14
Evidence to demonstrate how planned investments are viable    15
9.   Date for Return                                          15
Annex A: Data Submission Format                               15
Annex B: Supporting Evidence                                  23
Annex C: Technology Definition                                26
Annex D: Maps to show intervention area                       28
Annex E: Subsidy Control                                      31
Annex F: Glossary of Terms                                    32
Welsh Government Public Review

1. Introduction

The Welsh Government is progressing with its rollout of Fibre-to-the-Premises (FTTP) gigabit-
capable connectivity to an intervention area across Wales consisting of circa 39,000 premises in
Lot 1 (North Wales), Lot 2 (East Wales) and Lot 3 (South West and the Valleys) using £56m of
public subsidy from the Welsh Government, European Union funding and with some additional
funding from the UK Government.

The current intervention area was originally informed by an Open Market Review (OMR)
conducted in 2017 plus a subsequent re-fresh exercise conducted in 2019 and was procured
under the BDUK 2016 National Broadband Scheme (NBS). The three-year validity period for the
previously held OMR data has now lapsed and therefore the Welsh Government conducted the
2021 OMR to establish whether the data provided previously by suppliers in 2017 and 2019 has
materially changed. This will enable the Welsh Government to understand if any adjustments
are required to the intervention area and premises being targeted within it.

In addition to supporting the above intervention area update, the Welsh Government is also
supporting the UK Government’s ambition to deliver nationwide gigabit-capable broadband as
soon as possible. The UK Government has committed £5bn for the hardest to reach parts of the
country, ensuring that all areas of the UK can benefit. This will be spent through a package of
coordinated and mutually supportive interventions, collectively known as Project Gigabit.
Therefore, to achieve this, the Welsh Government and Building Digital UK (BDUK) intend to
procure further coverage in the future to target Gigabit ‘White’ areas across Wales.

The Welsh Government conducted the Open Market Review (OMR) from the 24th August 2021
until the 8th October 2021 to understand from suppliers if there were any current or planned
investment over the next three years (and beyond, if available) in broadband infrastructure
(Next Generation Access broadband, ultrafast and gigabit-capable) across Wales.

Therefore, this Public Review process aims to validate the outcome of the OMR and the Welsh
Government’s mapping to ensure that it correctly represents the information provided by
suppliers in the course of the OMR and to ensure that the right areas are targeted for any future
Welsh Government investment.

Inclusion of Shropshire Premises

Suppliers should note that the specific Lot / country boundaries (and intervention areas)
currently in place for Project Gigabit may flex during the OMR, Public Review and Pre-
Procurement Market Engagement processes to enable an optimum procurement to be put to
the market. Where this occurs then the UK and Welsh Government will ensure that it is
communicated in a transparent manner in order to remain consistent with the principles of the

                                                                                                1
Gigabit Infrastructure Scheme (GIS). Since the Wales OMR closed on the 8th October 2021 a
small number of premises which were not included in the Shropshire (Lot 25) Project Gigabit
OMR and Public Review have now been included in the scope of the Wales Public Review.

These new UPRNs on the border with Shropshire were not originally included as part of the
2021 Wales OMR baseline release. This is because BDUK’s approach to consultations about
gigabit-capable infrastructure across the UK is based around existing communications network
Exchange Areas (EA), and these EAs straddle the border between English and Welsh counties.
While all UPRNs within Wales have been included in the Welsh Government-led OMR and
Public Review process, this has meant there are EAs in Wales that extend into Shropshire
which were not in the BDUK-led Shropshire OMR or Public Review.

For information these UPRNs in Shropshire will not form part of any forthcoming procurement led
by the Welsh Government. However, BDUK is seeking information from all suppliers regarding
any existing and / or planned coverage they may have regarding these specific premises in
Shropshire and therefore these have been included as a separate UPRN list as part of the Wales
Public Review RFI.

These additional UPRNs in Shropshire, have also been included within the tables in Section 3
and within the intervention areas maps shown in Annex D (indicated as orange).

2. Key Eligibility Requirements for Subsidy1
The outcome of this Public Review and the preceding OMR is shown in terms of ‘White’, ‘Grey’,
‘Black’ and ‘Under Review’ premises. The Welsh Government and BDUK will only subsidise
build to premises which have been designated as ‘White’.

         White – for Project Gigabit this indicates premises with no gigabit network infrastructure,
          and none is likely to be developed within three years. Annex C within the PR RFI
          provides information on the technology ‘qualifying’ as gigabit capable. For the existing
          Welsh Government intervention area procured under the 2016 NBS this indicates
          premises where no qualifying NGA network infrastructure i.e., capable of delivering
          download speeds of at least 30 Mbps exists, and none is likely to be built within three
          years.

         Black - premises with two or more qualifying NGA or gigabit infrastructures from
          different suppliers being available, or will be deployed in the coming three years

         Grey - premises with a single qualifying NGA or gigabit infrastructure from a single
          supplier is available, or is to be deployed within the coming three years

         Under Review - premises where suppliers have reported planned commercial
          broadband coverage, but where those plans have been judged through the OMR as
          potentially being at risk of not being completed.

Premises categorised as Under Review will be subject to continued monitoring and verification
of supplier plans within the three-year period. The Welsh Government may request commitment

1
    https://www.gov.uk/government/publications/project-gigabit-uk-subsidy-advice

                                                                                                    2
from the supplier that significant progress is made within three years. In the event that these
commercial plans fall away, these premises will be mapped as eligible and form part of any
future proposed intervention area and so eligible for intervention via this aid measure.

The Welsh Government classifies premises on the basis of their existing or planned broadband
infrastructure, as set out in the Annex B: Supporting Evidence Template, Annex C: Technical
Definition and for the purpose of updating the existing 2017 intervention area within Wales the
NBS 2016 Technology Guidelines2. The OMR and Public Review data analysis of supplier’s
broadband coverage claims is undertaken at UPRN (premises) level.

Once the Public Review has closed, if additional information or clarifications are required, the
Welsh Government will raise Clarification Questions with suppliers before deciding on the final
White / Grey / Black or Under Review classification for the premises within Wales. For the
additional UPRNs within Shropshire and included as part of the Wales Public Review RFI then
BDUK will raise Clarification Questions with suppliers regarding any coverage claims relating to
these UPRNs and will make the final White / Grey / Black or Under Review classification.

What are “step change” requirements?

The Welsh Government and BDUK also requires that public intervention should be able to
ensure a ‘step change’ in broadband availability from that currently available as well as credible
planned networks. This is demonstrated by:

     ●     Generally, download speeds must be at least doubled and upload speeds substantially
           higher as a result of the intervention when compared with existing download and upload
           speeds

     ●     Significant new investments in the broadband network are undertaken (i.e. investments
           that must include civil works and installation of new passive elements)

     ●     The new infrastructure brings significant new capabilities to the market in terms of
           broadband service availability, capacity and speeds and or competition.

The ‘step change’ in broadband availability shall be compared to that of existing as well as
credible planned networks.

3. Outcome of the Wales 2021 Open Market Review (OMR)

The Welsh Government initiated an OMR for Wales on the 24th August 2021. You can view the
OMR publication here:

Broadband Open Market Review 2021 | GOV.WALES

2
    2016 NBS Tech Guidelines - GOV.UK (www.gov.uk)

                                                                                                     3
The OMR indicated that planned commercial coverage for NGA-capable broadband would reach
approximately 1,431,309 premises within the next 3 years and would therefore leave the
remaining 117,833 premises without access to NGA-capable broadband and a further 117,564
premises as Under Review.

For gigabit-capable broadband, the OMR indicated that planned commercial coverage
would reach approximately 681,950 premises within the next 3 years and would therefore leave
the remaining 327,174 premises without access to gigabit-capable broadband and a further
657,632 premises as Under Review

The outcome of the Wales OMR is shown within the following NGA and gigabit interactive maps
which can be found at the following links below:

https://datamap.gov.wales/maps/open-market-review-2021-next-generation-access-bro/

https://datamap.gov.wales/maps/open-market-review-2021-gigabit-capable-broadband/

The interactive maps can be displayed to show either NGA or gigabit White premises or
postcodes (shown as red on the interactive maps) or non-white premises or postcodes i.e. those
classified as either Under Review (shown as blue on the interactive maps), Grey or Black.

Where postcode level data has been used for the purpose of mapping only, they have been
classified as follows:

      A postcode is White if any ‘White’ premises are present (these are shown as red on the
       interactive maps); else

      A postcode is Under Review if any ‘Under Review’ premises are present (these are shown
       as blue on the interactive maps); else

      A postcode is Black if all premises in the postcode are classified ‘Black’; else

      A postcode is Grey if all premises are ‘Grey’ or there is a mixture of ‘Grey’ and ‘Black’
       premises

      A postcode is orange if no data is available

For presentational purposes only and in addition to the NGA and gigabit interactive maps,
postcode-level maps of the draft NGA and gigabit intervention areas for Wales can be found in
Annex D. (NB The Welsh Government and BDUK will only subsidise build to premises which
have been designated as White - postcodes are not used to determine intervention areas for
subsidy).

In addition, the proposed eligible intervention areas for the additional Shropshire UPRNs are also
shown in a separate map within Annex D. These new UPRNs are indicated in orange within the
maps.

Finally, an associated postcode list has also been published alongside this document shows the
Subsidy classifications (either NGA or Gigabit) determined for each postcode within Wales. A

                                                                                                4
separate postcode list has also been published as part of this Public Review for those premises
within Shropshire.

Supplier data submitted during the OMR has been incorporated into the OMR outputs using a
methodology that protects commercially sensitive supplier data.

The outcome of the OMR is summarised in terms of NGA and Gigabit ‘White’, ‘Grey’, ‘Black’,
‘Orange’ and ‘Under Review’ postcodes and premises as shown in the tables below.

Table 1: Gigabit Classification
   Postcode        Number of      Number of    Number of    Number of   Number of   Number of
 Classification    Postcodes       Gigabit      Gigabit      Gigabit     Gigabit     Gigabit
                                    Black        Grey        Under        White      Orange
                                  Premises     Premises      Review     Premises    Premises
                                                            Premises

     White           37,191         28,170      121,232      188,841     327,174         69

    Under            33,145         11,050      113,757      468,791        0            82
    Review

     Grey            19,140         35,177      330,182            0        0            67

     Black           1,975          42,382           0             0        0            0

    Orange            349               0            0             0        0           3,494

     Total           91,800        116,779      565,171      657,632     327,174        3,712

Table 2: NGA Classification
  Postcode        Number of    Number of      Number of    Number of    Number of   Number of
 Classificatio    Postcodes      NGA          NGA Grey     NGA Under    NGA White     NGA
      n                          Black        Premises       Review      Premises    Orange
                               Premises                     Premises                premises

    White          21,680         44,879       196,143      41,329       117,883    65

   Under           12,663         14,322       133,269      76,235          0       75
   Review

    Grey           47,526         125,646      710,854         0            0       73

    Black           9,582         206,196        0             0            0       5

   Orange           349             0            0             0            0       3,494

    Total          91,451         391,043     1,040,266     117,564      117,883    3,712

It is possible to provide suppliers (upon request and subject to the relevant data sharing
agreements being in place) a UPRN list, showing the premises which have been designated as
‘White’ and ‘Under Review’ following the OMR.

                                                                                                5
Please contact BandEang.Broadband2021@gov.wales to request this information.

4. Purpose of this Public Review Request for Information

This Public Review defines the proposed eligible areas, as determined during the OMR, to
enable all interested stakeholders (including the public, businesses, internet service
providers and broadband infrastructure operators) to comment on those proposals.

The outcome of the OMR is shown within the interactive maps which can be found at the following
links below:

https://datamap.gov.wales/maps/open-market-review-2021-next-generation-access-bro/

https://datamap.gov.wales/maps/open-market-review-2021-gigabit-capable-broadband/

In addition to the above interactive NGA and gigabit maps, the associated postcode lists for both
Wales and Shropshire have also been published alongside this RFI document here:

Broadband: public review 2022

As part of this Public Review, the Welsh Government will request and then evaluate any further
responses in order to validate the eligibility of the premises for public subsidy. During the
evaluation exercise, the Welsh Government may engage with suppliers further to discuss and
confirm their coverage claims. However, it should be noted that as part of this Public Review, the
Welsh Government will only assess supplier’s coverage claims relating to coverage within the
boundary of Wales. Suppliers who have coverage claims (either existing or planned) within
Shropshire will be processed and evaluated by BDUK. Consequently, if suppliers have coverage
claims solely within Shropshire, then any further information or additional supporting evidence
required will be requested by BDUK. If suppliers have coverage claims within both Wales and
Shropshire, then it may be the case that suppliers will be issued clarification questions from the
Welsh Government relating to their network coverage within Wales and separate clarification
questions issued from BDUK concerning any Shropshire coverage.

Following the evaluation, the Welsh Government and BDUK will be able to determine the
premises to be included in any future Project Gigabit procurements. The flowchart below shows
a summary of how the PR process works. In addition to this the Welsh Government will also be
able to determine if any adjustments are required to the premises targeted within the existing
intervention area procured under the BDUK 2016 National Broadband Scheme (NBS)

The flowchart below shows a summary of how the PR process works.

                                                                                                6
Public Review Process

                                                                         Welsh Government
                                                                     investigates and discusses
                                                                     feedback with respondent
                              Welsh                                 (as required). BDUK to raise
                          Government                                 clarification questions and
                          responds to                                    discuss feedback (if
                           clarification                             required) for any coverage
                          questions (as                             claims relating to Shropshire
                            required)

                                                                                                    Welsh Government finalises
                                                                        Welsh Government
                                                                                                     premise classification and
                                                                       reviews and evaluates
                          Stakeholders                                                               publishes outcome of the
 Welsh Government                             Stakeholder submit           the feedback.
                        review proposed                                                             Public Review for premises      Public Review
   issues Public                                feedback o the          Shropshire premises
                        eligible areas for                                                            within Wales. BDUK to       process concludes
      Review                                     Public Review          to be evaluated and
                          intervention                                                                   finalise premises
                                                                       feedback provided by
                                                                                                      classification for those
                                                                               BDUK
                                                                                                     UPRNs within Shropshire

 * Suppliers wishing to provide coverage data should contact the Welsh Government and following the process as outlined in Section 6 of the RFI

This Public Review will take place over the period of at least one month, and once concluded will
enable the Welsh Government to update their existing intervention area and confirm the eligibility
of potential premises for future Project Gigabit procurements. Further details of the Project Gigabit
procurements specific to Wales will be provided following the conclusion of this Public Review.
However, the flowchart below shows the generic order of processes, from OMR through to
procurement which will be adopted by the Welsh Government.

All meaningful responses to the Public Review will be carefully considered and where necessary,
utilised to target the existing intervention area within Wales as well as determining future eligible
premises for Project Gigabit procurements within Wales. It should be noted that while the Welsh
Government has included a subset of UPRNs for Shropshire within this Public Review these
premises will not be part of any future Project Gigabit procurements or contracts managed by the
Welsh Government.

The final eligible area maps and a summary report confirming details of any changes will be
published on the Welsh Government website after the closure of the Public Review. The final
eligible area maps and a summary report confirming details of the changes regarding the subset
of premises within Shropshire will be published by BDUK on the gov.uk website after the close of
the review period.

After that, the final eligible premises for both Wales and the subset of premises within Shropshire
will then be submitted to BDUK’s National Competence Centre (NCC) for approval against the
UK Subsidy Control Regime. The responses and output from the Public Review will therefore help
the Welsh Government and BDUK gain further confidence that any future proposed gigabit
interventions are in areas that are eligible for subsidy, i.e., areas which are not commercially
viable and require government intervention to address market failure.

                                                                                                                                                      7
5. Project Gigabit Procurement and Commercial Approach

The UK Government has undertaken extensive early market engagement in relation to
procurement for interventions. This engagement has included consultation on the programme
design, different potential target areas, technical specification (including wholesale access),
procurement types and contractual terms. Feedback from broadband suppliers and other
stakeholders has been taken into account in all of these areas.

Procurements will be carried out in accordance with the Public Contracts Regulations 2015 (PCR
2015). The procurement approaches are designed to address the scale of the individual
procurements. The procurements will be conducted in a transparent and non-discriminatory
manner.

Forthcoming Gigabit Procurement for Wales
The Welsh Government will budget an appropriate amount of public funding from the Project
Gigabit Programme, based on the final number of eligible premises requiring subsidy at the
procurement stage.

The budget will be specified within the Project Gigabit Invitation to Tender (ITT) documentation,
following the Public Review. Details of any restrictions on the use of public subsidy will be
explained in the tender documentation. It is the Welsh Government’s intention to procure gigabit-
capable solutions in Wales – capable of achieving a minimum of 1Gbps download speed – to the
premises identified as in scope for subsidy i.e. those premises identified as Gigabit White. Please
note, the final list of premises in scope for subsidy will be issued with the ITT and is not
finalised at this stage. The final Project Gigabit intervention areas may be a subset of the
premises classified as Gigabit White in the subsidy assessment and will be subject to overlays,
including other active/planned interventions (e.g. Superfast).

Once the Public Review is closed and the Welsh Government has finalised the Project Gigabit
intervention area, an ITT will be issued within approximately 6 months via a procurement portal,
for suppliers to bid for the opportunity to deliver extended gigabit-capable broadband coverage.

6. Participating / Responding to this Public Review
The Welsh Government’s goal is to ensure the parts of Wales that need government investment
are accurately targeted. Each contributor to this Public Review will help to optimise the use of
public subsidy to premises across Wales by enabling any updates to be made to the existing
intervention area within Wales as well as identify those premises which may be part of future
Project Gigabit procurements. Therefore, please respond to this Public Review if you have
information or can provide evidence regarding the accuracy of the proposed NGA and gigabit
intervention areas or information regarding the premises classification as shown in the Wales
interactive maps here:

https://datamap.gov.wales/maps/open-market-review-2021-next-generation-access-bro/

https://datamap.gov.wales/maps/open-market-review-2021-gigabit-capable-broadband/

If you are a supplier and did not respond to the recent Wales 2021 OMR and have existing and /
or planned network coverage either within Wales or the subset of premises within Shropshire also

                                                                                                 8
included as part of this Public Review exercise, then please submit your coverage claims so that
public subsidy can be targeted more accurately, and over-building commercial infrastructure can
be avoided. Details of how suppliers should submit a response to this Public Review are outlined
within ‘Response from Suppliers’ as well as Section 7 below. Where suppliers have credible
plans that extend beyond the three-year horizon then these should also be included in your
submission to the Welsh Government. For suppliers, all existing and planned build should be
supported with detailed evidence as set out in the Submission Requirements within Section 8 of
this RFI.

Please note that the information you provide in your response to this Public Review will be
treated as confidential, albeit that it may be necessary to share some/all of your response with
our professional advisors and/or DCMS/BDUK, Ofcom, and BEIS Subsidy Control Branch. We
will use this information to define the intervention areas (only) following the Public Review.

For information regarding what to expect when you contact the Welsh Government and provide
us with your personal information, please read the Welsh Government’s privacy notice.

Responses from residents, businesses and other stakeholders
The Welsh Government has asked suppliers to share with us their NGA and gigabit broadband
coverage including any planned coverage for the next three years and beyond. We have now
analysed and mapped this data through the OMR process outlined in Section 3 and are now
inviting residents and businesses within Wales to check the availability of NGA or gigabit
broadband to their premises.

You will only need to respond to this Public Review if you can see any errors in the data regarding
your premise. If you would like to respond we have outlined the process below.

Step 1 – What broadband service can I already get?

Firstly, check to see if what type of broadband you already have access to such as NGA, ultrafast
or gigabit. You can confirm the broadband availability at your premise by using the Ofcom
broadband checker.

Step 2 – How can I check that the data for my premises is correct?
Using the data received from suppliers during the OMR each premise in Wales has been
classified based on its ability to access either NGA or gigabit broadband. These classifications
are outlined in Section 2. The Welsh Government has plotted this data on interactive maps – one
showing NGA coverage and the other showing gigabit-capable broadband coverage.

https://datamap.gov.wales/maps/open-market-review-2021-next-generation-access-bro/

https://datamap.gov.wales/maps/open-market-review-2021-gigabit-capable-broadband/

Once you have clicked on either the NGA or gigabit interactive map link you may need to select
‘display in map viewer’. Then each of the maps should load as in the image below:

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To the left-hand side within each of the maps the various layers are displayed. In the NGA
interactive map, the layers shown are as follows:

      White premises – where 30Mbps+ broadband speeds are not available or planned to be
       available within the next 3 years. Please note that White premises have been marked in
       the colour red to make it easier to view them on the interactive map.

      Non-white premises – where 30Mbps+ broadband speeds are available or are planned to
       be available within the next 3 years and premises have been categorised as either Black
       or Grey or premises have been classified as Under Review. Please note that Under
       Review premises i.e. those premises where suppliers have reported planned commercial
       broadband coverage, but where those plans have been judged through the OMR as
       potentially being at risk of not being completed are marked in the colour blue on the
       interactive map.

In the gigabit interactive map, the layers shown are as follows:

      White premises – where 1,000Mbps+ broadband speeds are not available or planned to
       be available within the next 3 years. Please note that White premises have been marked
       in the colour red to make it easier to view them on the interactive map.

      Non-white premises – where 1,000Mbps+ broadband speeds are available or are planned
       to be available within the next 3 years and premises have been categorised as either Black
       or Grey or premises have been classified as Under Review. Please note that Under
       Review premises i.e. those premises where suppliers have reported planned commercial
       broadband coverage, but where those plans have been judged through the OMR as
       potentially being at risk of not being completed are marked in the colour blue on the
       interactive map.

To the right of the NGA and gigabit maps there is a search bar (see marked in blue in the above
image). Insert your postcode or street address here and press ‘enter’. You will now be taken to a
zoomed in view of the map where your premise is located. Click on your premise on the map to
get the full data. A box will appear to the right showing the following information:
     UPRN – this is the ‘unique premises reference number’ for your premises. Please take a
        note of this if you are planning to respond to this Public Review;

                                                                                              10
   Address – this will include the street number or name of your premise, the street that your
       premise is located on, the town that your premises is located in and the postcode of your
       property
      Local Authority – this will give details of the Local Authority where you premise is located
      Status – the classification for your premises, e.g White, Grey, Black or Under Review.

Check that the status of your premise is correct. If anything is incorrect or your address can not
be found continue to step 3 to respond to the Public Review.

Step 3 – How can I respond to the consultation to report an issue with the data for my
premise?

For submissions from residents or businesses within Wales the Welsh Government would be
grateful if you could confirm the following:

           ●   Your organisation’s name (if applicable)
           ●   Your organisation’s, or residential address including the UPRN. Your UPRN can
               be found on the interactive map and can be copied by highlighting it, right clicking
               and then selecting copy into your email response.
           ●   Your name
           ●   Position (if applicable)
           ●   Contact telephone number
           ●   Email Address
           ●   Outline description of the issue with the premises data and / or any other pertinent
               information you have that you believe will be useful to the Public Review process.
               Please note that responses to the Public Review should only be made to report
               issues with the proposed premise level classification. Alternatively, if you have any
               general questions about broadband access in Wales then please use our ‘contact
               us’ facility for further information.

Any responses to this Public Review should then be emailed to:

BandEang.Broadband2021@gov.wales and marked ‘Public Review Response’

Responses from Local Authorities and Public Bodies

The Welsh Government is requesting Local Authorities and public bodies within Wales provide
input into this Public Review - in relation to the way in which publicly funded broadband schemes
with which they are involved (or any which they are aware) may affect the findings outlined in
Section 3. Local Authorities and public bodies are therefore invited to examine the information
within the interactive map provided. The Welsh Government is also able to provide premise level
data for Local Authorities within Wales for the purposes of responding to this Public Review
however in order to receive the data you will need to populate, sign and return the Public Sector
Geospatial Agreement (PSGA) End User Licence Agreement which can be downloaded from the
Welsh Government consultation website:

https://gov.wales/broadband-public-review-2022

Following the provision of the premises-level data, we ask that Local Authorities provide the
following answers if responding to the Public Review:

                                                                                                 11
1. Are you involved with, or aware of, any existing or planned infrastructure
              investment in NGA and/or Gigabit broadband which may not have been included
              within the proposed intervention areas?
           2. If so, can you provide evidence of the existing or planned network infrastructure,
              including (but not limited to):
                   UPRN level data relating to the existing and / or planned network
                   Evidence to substantiate any broadband coverage claims as outlined within
                      the Annex B: Supporting Evidence Template such as a description of the
                      technology solution deployed (or planned to be deployed), and evidence of
                      available funding to enable plans to be fulfilled;
                   Proposed calendar deployment plan or roll-out dates or when any
                      proposed broadband infrastructure build will be completed and premises
                      Ready for Service

Any Local Authority responses to this Public Review should then be emailed to:

BandEang.Broadband2021@gov.wales, marked ‘Public Review Response’ and should include
the following:

           ●   Local Authority name;
           ●   Local Authority address;
           ●   Your name;
           ●   Position (if applicable);
           ●   Contact telephone number; and
           ●   Email Address.

The Welsh Government also requests confirmation from an authorised signatory that the
information provided as part of the Public Review is suitably accurate and up to date.

Responses from suppliers
The Welsh Government is inviting suppliers to examine the information provided within Section 3
along with the Wales interactive map, the intervention areas maps in Annex D and the associated
postcode lists for Wales and Shropshire, in order to provide any additional evidence or information
which may affect the proposed intervention areas such as: –

           ●   Existing NGA and / or Gigabit Broadband infrastructure;

           ●   Plans for developing / upgrading existing broadband infrastructure;

           ●   Plans for further expansion of broadband infrastructure within Wales or for the
               subset of UPRNs within Shropshire also included as part of this Public Review RFI

           ●   Interest in bidding for potential Project Gigabit procurements and capability to
               scale and deliver.

For suppliers wishing to provide a coverage response to this Public Review please see Section
7 and Section 8 below.

                                                                                                  12
7. Making a Data Response

Please provide information at premise (UPRN) level only, along with supporting evidence for, any
of your existing or planned investment in broadband infrastructure across Wales (or the subset of
UPRNs within Shropshire) using the templates provided.

To submit a data response, please follow the steps below, as well as referring to the guidance
provided in Annex A:

           ●   Populate with your company details and sign the Public Sector Geospatial
               Agreement (PSGA) End User Licence Agreement, which will be required before
               the Welsh Government will provide the Annex A: Data Submission template, the
               Annex B Supporting Evidence Template and guidance documents. The PSGA
               End User Licence Agreement can be downloaded from the Welsh Government
               consultation website:

               https://gov.wales/broadband-public-review-2022

           ●   As well as returning the signed PSGA End User Licence Agreement please also
               identify the geographic area of Wales you are interested in – either all of Wales
               (including the subset of UPRNs in Shropshire) or a specific Local Authority
               Area/s. The Welsh Government will then email a version of the Annex A: Data
               Submission Template tailored to these specific areas as well as the Annex B:
               Supporting Evidence Template.
           ●   If you have already signed the PSGA agreement with the Welsh Government
               following the 2021 OMR, then there is no need to send this through again.
               Simply email the Welsh Government letting us know if you wish to update your
               previous OMR coverage claims and we will email you a version of the Annex A:
               Data Submission Template
           ●   Please do not assume that we will use a previous submission for this Public
               Review RFI. If you wish for a previous submission to be treated as your return for
               this RFI, please email the Welsh Government to confirm this.
           ●   Please include all existing and planned premises coverage within your Annex A:
               Data Submission Template
           ●   Please also include within your Annex A: Data Submission Template any existing
               or planned infrastructure you have gained with assistance from public subsidy for
               example, Vouchers, Superfast (NBS 2012 or NBS 2016) and Hubs (Local Full
               Fibre Networks and Rural Gigabit Connectivity Programmes).
           ●   You may seek clarification, on making a response to the Public Review RFI, at
               any time from the 8th April 2022 to the 6th May 2022. Please send these
               questions to us at:
               BandEang.Broadband2021@gov.wales
           ●   You should submit your completed Annex A: Data Submission Template and
               Annex B: Supporting Evidence Template to the Welsh Government using the
               following email address:

               BandEang.Broadband2021@gov.wales.

                                                                                                 13
●   The final deadline for OMR responses is 17:00 on the 6th May 2022.

Please ensure that you engage with the Welsh Government as soon as possible to confirm
whether you would require a Non-Disclosure Statement of Assurance to enable you to share
your data with the Welsh Government as part of this OMR process. If so, a copy of the Welsh
Government’s standard Non-Disclosure Statement of Assurance will be emailed to you for
completion and your signature.

It should also be noted that it is a requirement to use this information to produce maps to define
‘White’, ‘Grey’, ‘Black’ and ‘Under Review’ areas for NGA and gigabit-capable broadband.
However, the published maps will show the aggregated ‘White’, ‘Grey’, ‘Black’ and ‘Under Review’
broadband areas, not the data provided on a per-operator basis. The final maps and UPRNs that
will be used for procurement purposes will be published shortly after the conclusion of this Public
Review and once approved by the National Competence Centre.

If you have any questions about any of the above, please contact:

BandEang.Broadband2021@gov.wales

8. Submission Requirements
Supplier responses to this Public Review RFI must include the following:

          1. A data submission that should cover your existing and planned premise coverage
             i.e. premises served by your network, or planned to be served by your network as
             per the format outlined in the Annex A: Data Submission Template. Full guidance
             on how to complete and submit the Annex A: Data Submission Template will be
             provided to you following the return of a signed PSGA End User Licence
             Agreement. For information the required data fields contained within the Annex A:
             Data Submission Template are shown as an example in Annex A below.
          2. Please note that where your coverage claims are for gigabit-capable networks, then
             your response detailing your proposed network design and architecture must
             consider the technical definition as outlined in Annex C: Technical Definition. If
             your coverage claims are using NGA technology, then your network must meet the
             technology requirements as outlined in the NBS 20163
          3. In addition to your data submission suppliers must also provide a completed Annex
             B: Supporting Evidence Template
          4. The Welsh Government would also like to hear from suppliers their views as to the
             types of wholesale access products they would like to see offered on any newly
             created subsidised network infrastructure. This information may inform the
             intervention design. Please note that we are not obliged to include these products in
             the ITT.

3
    2016 NBS Tech Guidelines - GOV.UK (www.gov.uk)

                                                                                                14
Evidence to demonstrate how planned investments are viable

There are three essential areas against which the Welsh Government will evaluate your
planned coverage claims against to ensure the overall viability of your planned investment. Our
assessment will be based on the suite of evidence you provide the Welsh Government in the
Annex B: Supporting Evidence Template and will include:

      whether the technology you intend to deploy is gigabit capable and meets the technical
       criteria as outlined in Annex C: Technical Definition (or if deploying NGA technology that
       it meets the technology requirements as outlined in the NBS 2016);
      deliverability, and whether your deployment plans are in line with the phases / premises
       passed outlined in your business plan, with the key build stages and processes outlined;
       and
      commercial viability - whether you have viable commercial plans such as sufficient
       access to capital and whether the drawdown of your funds aligns with your deployment
       plan and build programme.

The information you provide should be consistent across all the above areas to enable and
support a consolidated evaluation of your Public Review submission.

Further information is included in the Annex B: Supporting Evidence Template.

9. Date for Return
Please submit responses to this Public Review by the closing date of 17:00 on the 6th May 2022.
The Welsh Government plan to publish the final maps showing the finalised intervention area for
Wales, following the close of the assessment and evaluation period. Similarly, BDUK will publish
the final maps showing the finalised intervention area for the subset of premises within Shropshire
after the close of the Public Review and following the review period.

Thank you

The Welsh Government

Annex A: Data Submission Format
Introduction

The Welsh Government requires certain fields of data for each pertinent UK address as
identified by the Unique Property Reference Number (UPRN) in order to monitor the current and
future delivery of Gigabit broadband capable services. This is done by requesting data on
current and future connections from relevant suppliers. The below describes the format of the

                                                                                                15
Welsh Government request file and how to format the data to return to us. If you require any
additional support, guidance or clarification with this, please get in touch with us at

BandEang.Broadband2021@gov.wales

File formats

The Welsh Government will supply blank templates for the Public Review, showing the UPRNs
across the nation that we consider relevant to the process as well as the standard columns that
we require4.

These UPRNs have been sourced from Address Base Premium Epoch 85, from Ordnance
Survey published February 2021 and complemented with data from OS OpenUPRN 2022-3 .

If you are using the template files as the starting point for your return, please remove any UPRN
rows which are not part of your current or planned network.

The information that we provide against each property / premises is as follows:

 Field Name                    Description                                               Format

 strUPRN                       The UPRN (see below) prepended with                       Text
                               “STR”, this is a mitigation against certain
                               spreadsheet tools treating the UPRN as a
                               large number and removing significant
                               digits

 UPRN                          The unique property reference number                      Number

4 The Response template will be released to providers once the Welsh Government has received the signed

Ordnance Survey Public Sector Contractor Licence form which can be downloaded from the Welsh Government’s
website https://gov.wales/broadband-public-review-2022
.

                                                                                                          16
Single_Line_Addres      Comma delimited single line address             Text
 s
                         eg 1, Acacia Avenue, Anytown

 Postcode                Standard postcode                               Text

 Local_Authority_Dis     The local authority district                    Text
 trict

 Longitude               Longitude in the decimal degree format          Number

 Latitude                Latitude in the decimal degree format           Number

The information that we ask for against each property/premises is as follows:

 Field Name              Description                                     Format

 Current_Technology      The technology you use for supplying that       Text
                         particular premises, examples of this could
                         be ADSL, FTTP, FTTC etc

 Current_Max_Downl       The maximum download speed in Mbit/s            Number
 oad_ Speed              that you are able to supply to this property.

 Current_Max_Uploa       The maximum upload speed in Mbit/s that         Number
 d_Speed                 you are able to supply to this property.

                                                                                  17
Future_Technology     The technology you intend to use for           Text
                      supplying that particular premises,
                      examples of this could be FTTP, FTTC etc

Future_Max_Downlo     The maximum download speed in Mbit/s           Number
ad_Speed              that you intend to be able to supply to this
                      property.

Future_Max_Upload     The maximum upload speed in Mbit/s that        Number
_Speed                you intend to be able to supply to this
                      property.

Date_of_Future_Roll   This should be the Ready for Service date      DD/MM/Y
out                   for the premises. The date at which RSPs       YYY
                      can offer products or services to the
                      individual premises. This should not be the
                      date that build commences.

Delivery_Phase        The planned phase for any future rollout       Text
                      which each UPRN shall form part of, e.g.
                      Phase 1/Phase 2 etc, Tranche 1/Tranche 2
                      etc., Region 1/Region 2 etc.

                      These phases should align to your Calendar
                      Deployment Plan and should correlate and
                      be consistent with the information contained
                      in your Annex B: Supporting Evidence
                      Template. Please include context regarding
                      each delivery phase in your supporting
                      evidence such as the risks and
                      dependencies for the successful delivery of
                      each phase and the
                      mitigations/arrangements that you have in
                      place to address these risks; a description
                      regarding your resourcing plan for each
                      phase; key milestones within each phase

                                                                               18
and the subsequent activities/timeframes to
               achieve RFS.

Design_Stage   The current phase of your future coverage          Text
               such as:

               ‘1. Awaiting HLD’ - High Level Design
               (HLD) has not yet been completed.

               ‘2. HLD complete’ - HLD/area level plan
               has been completed. However, Low Level
               Design (LLD) work has not yet been
               completed or is in progress.

               ‘3. LLD complete’ - Low Level Design
               (LLD) and survey work has been
               completed, however, subcontractors/build
               partners, or in-house resources to complete
               the network build, are still to be appointed.

               ‘4. Build team appointed’ - Subcontractors
               / build partners or if applicable in-house civil
               resource has been appointed and
               commissioned to start the network build in
               accordance with the LLDs. All the
               necessary planning, acquisitions and
               wayleave agreements are finalised to allow
               the network to be constructed.

               ‘5. In build’ - Network build is in progress,
               however premises are not yet able to take
               up a service.

               ‘6. RFS’ - Network build and end-to-end
               testing is complete and premises are Ready
               for Service (RFS) i.e. RSPs are able to offer
               products or services to the individual
               premises

               Note: If you are intending to use different
               descriptions to those above, please include
               full explanations of each field entry in your
               supporting evidence submission to
               accompany this data submission.

                                                                         19
Funding_Stage         The current status of funding allocated to      Text
                      the UPRN. If your funding allocation is
                      linked to your Delivery_Phase please reflect
                      that in your data and explain that in your
                      supporting evidence. Please be aware that
                      the Welsh Government's assessment of
                      supplier returns will be based, in full, on the
                      evidence requested in Annex B. As such,
                      we cannot guarantee that we will accept
                      how suppliers have categorised the status
                      of their funding position. Field entries to
                      use:

                      ‘1. No funding planned or committed’ -
                      While you may be planning to deliver to this
                      UPRN, the funding is not yet in place to do
                      so and/or you are seeking funding.

                      ‘2. Funding planned, but not committed’
                      - You have in principle funding agreed to
                      deliver to this UPRN, but the funding is not
                      immediately available, requires further
                      decisions such as Board approval, or is
                      dependent on (for example) performance
                      metrics.

                      ‘3. Funding committed’ - Funding has
                      been identified and has been allocated to
                      delivery of this UPRN. There are no further
                      conditions around drawing down or using
                      funding and the funding is ring-fenced solely
                      for the delivery of associated premises. This
                      should be explained clearly in your financial
                      plan, which should be provided as part of
                      your Annex B: Supporting Evidence
                      Template.

Public_Intervention   Please define if coverage is based on public Yes / No
                      intervention. ‘Yes’ will be marked when a
                      planned premises is dependent on funding
                      from the UK Government’s Vouchers,
                      Superfast, LFFN or RGC Programmes.
                      However, other public interventions (such
                      as Devolved Government or Local Authority
                      schemes) should also be acknowledged

                                                                              20
and marked as a ‘Yes’ here. Further
                          explanation should be provided in your
                          Annex B: Supporting Evidence Template.

                          An entry of ‘No’ would indicate that the
                          premises is planned to be built entirely
                          through commercial funding with no
                          dependency on public intervention.
                          Evidence of this funding should be provided
                          in your supporting evidence.

 Field Name                   Description                     Format

 Additional_UPRN              Indication if the UPRN          Yes/No
                              has been added due to
                              an updated filtering
                              methodology

                              YES = a premises that
                              would have been filtered
                              out under previous (more
                              restrictive) filtering rules.
                              None of these premises
                              were present in the OMR
                              template files.

                              NO = a premises that
                              would not be filtered out
                              based on previous (more
                              restrictive) filtering rules.

Additional columns

Aside from the standard columns above, you may wish to add additional columns to
provide further additional information about your network. If this is the case, please add

                                                                                         21
additional column(s) at the end of your data return and provide clear explanation in your
supporting evidence of what these columns indicate.

                                                                                       22
Annex B: Supporting Evidence

Please provide details and additional supporting evidence of any current or planned
investment in broadband infrastructure (Next Generation Access broadband, ultrafast and
gigabit-capable) in the identified geography using the Supporting Evidence Template
provided.

Any information provided in response to this request should include but not be limited to:

●   An appropriate demonstration/explanation as to how your broadband infrastructure or
    suppliers’ service(s) meets with minimum standards where these claim to be Next Generation
    Access, ultrafast or gigabit.

    ●   For information only, capability definition is consistent with the definitions set out in Ofcom
        Connected Nations Reports, eg;
            ■   decent (10 Mbps and above),
            ■   superfast (30 Mbps and above),
            ■   ultrafast (300 Mbps and above) and
            ■   gigabit-capable broadband, which can offer speeds of 1 Gbps and above.

    ▪   Note: where a supplier’s service offer is limited to passive services only (e.g. dark fibre,
        duct access, mast access), this would not generally be considered to be an Next
        Generation Access, ultrafast or gigabit-capable broadband network, unless the supplier
        provides a description of how an active services provider is technically and commercially
        able to support Next Generation Access, ultrafast or gigabit-capable services over the
        infrastructure.

    ▪   Nevertheless, if a passive infrastructure supplier is offering access to infrastructure in the
        identified geography, it is encouraged to provide further details of its location in order that
        bidders for any future procurement process might consider its use in designing their
        solutions.

●   Within each broadband category (Next Generation Access, ultrafast or gigabit-capable)
    please indicate: (i) what level of take-up is expected in total; and (ii) what level of take-up can
    be sustained by the network design and dimensioning.

    ▪   For example, a fixed wireless supplier may only be expecting 10% take-up of premises
        covered by its superfast network, and only be able to support a total of 20% of all premises
        passed converting to customers without significant capacity upgrades to the network.

●   Please indicate the “normally available” and “minimum” speeds for the customers of each
    service e.g.

         Service           Download “normally              Download          Upload “normally
                               available”                 “minimum”             available”

         100Mbps                 100Mbps                    40Mbps                20Mbps

         330Mbps                 300Mbps                   120Mbps                60Mbps

                                                                                                    23
1Gbps                  980Mbps                  330Mbps               200Mbps

       Please refer to the full text of the Ofcom’s Voluntary Code of Practice for Better
       Broadband Speeds (March 2019), however, these definitions can be summarised as
       follows (summary extract from Ofcom Voluntary Code of Practice):

              “Normally available” speed is defined as the speed a customer could expect to
              receive during peak times - measured as 8-10pm for residential services and 12-
              2pm for business services and reflecting when customers are most likely to use
              the service.

              “Minimum speed” is defined as the minimum guaranteed speed a customer should
              expect from the service, which would trigger the customers right to exit the contract
              if speeds fall below this minimum level and are unable to be resolved within a 30-
              day period.

●   Appropriate indicators of quality of the service e.g., contention ratio and/or bandwidth
    allocation per end user, together with a technical explanation of how these will support the
    achievement of the normally available and minimum speeds for all users.

●   A description of the technical architectures that demonstrate how the claimed data speeds
    and performance will be maintained end-to-end across the deployed infrastructure. This
    could include, for example, network connectivity diagrams, deployment/coverage maps,
    design/dimensioning rules for network elements, backhaul capacity information, types and
    quantities of equipment, technical specifications, network performance measurements etc.

●   Description of all services/products offered over the infrastructure including any wholesale
    provision to any retail service providers currently offered and any planned extension to these
    services within the next 3 years. Please indicate which retail service providers are using these
    services and what services are being taken?

●   Installation and rental tariffs for those services/products clearly identifying whether they are
    inclusive or exclusive of VAT.

●   Confirmation from an authorised signatory that all information provided is of suitable
    accuracy.

In order for the Welsh Government to evaluate any planned investment and coverage
claims provided as part of the Public Review process, please ensure you complete all of
‘Part D: Planned Investments’ Annex B: Supporting Evidence Template.

You should as a minimum include an outline Business Plan, a calendar deployment plan
and evidence of adequate financing for your proposed build.

We would also like information about company structure (for example parent company),
evidence of adequate capital (or your plans to raise capital), dependencies and assumptions
associated with financing (for example revenue from an existing network or assumptions on
GBVS voucher revenue) and other financial and commercial information to enable the Welsh
Government to understand the viability of your planned investment.

In assessing whether planned investments are viable, the Welsh Government may:

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